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1794-A ORDINANCE NO. 1794-A AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA GRANTING TO FLORIDA POWER CORPORATION, ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING CERTAIN CONDITIONS RELATING THERETO; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That for a period of thirty (30) years from the 1st day of January, 1986, the City of Sanford, Florida (herein sometimes referred to as Grantor) does hereby give and grant to Florida Power Corporation, a corporation organized and existing under the laws of the State of Florida, and to its legal representatives, successors and assigns (herein called Grantee), the right, privilege and franchise to construct, operate and maintain in the said City of Sanford, Florida, all electric power facilities required by the Grantee for the purpose of supplying electricity to Grantor, its inhabitants and the places of business located within Grantor's boundaries. SECTION 2: That with respect to the right, privilege and franchise granted to Grantee in Section 1 above, said Grantee shall have for a period of thirty (30) years from the 1st day of January, 1986, the right, privilege, franchise, power and authority to use the streets, avenues, alleys, easements, wharves, bridges, public thoroughfares, public grounds and/or other public places of Grantor as they now exist or may hereafter be constructed, opened, laid out or extended beyond the present geographical boundary lines of Grantor. SECTION 3: The rates to be charged by the Grantee for electric service rendered under this franchise shall be the Grantee's standard public tariffs now in effect or as subsequently approved by the Florida Public Service Commission or such other State agency as may have proper jurisdiction under the general laws of the State of Florida. SECTION 4: That within sixty (60) days after the effective date of this grant, and within each following month thereafter, the Grantee, its successors and assigns, shall pay to the Grantor and its successors an amount which added to one- twelfth (1/12) the amount of all taxes, licenses and other impositions levied or imposed by the Grantor upon Grantee's electric property, business or operations for the preceding tax year, will equal six percent (6%) of Grantee's revenues from the sale of electrical energy to residential and commercial customers within the corporate limits of Grantors for the month preceding the payment date. SECTION 5: That Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to Grantor by reason of the neglect, default, or misconduct of Grantee in the construction, operation or maintenance of its facilities hereunder. SECTION 6: In the event of annexation of any territory to the present corporate limits of Grantor, any and all portions of the electric system of Grantee located in said annexed territory shall be subject to all of the terms and conditions of this grant as though it were an extension made hereunder. SECTION 7: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitu- tional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 8: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 9: That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this lOth day of February , A.D. 1986. ATTEST: // Cit of Sa ford, Florida. CERTIFICATE I, H. N. Tamm, Jr., City Clerk of the City of San- ford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 1794-A, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the 10th day of February, 1986, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the llth day of February, 1986. ~Sanford, Flo ida